§19203-F. HIV test after conviction for sexual assault
As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Convicted offender" means a person who has been convicted of a sexual crime or,
in the case of a juvenile, a person who has been adjudicated as having committed a
sexual crime. [1995, c. 319, §4 (NEW).]
B. "Incapacitated adult" means an adult who is impaired by reason of mental illness,
mental deficiency, physical illness or disability to the extent that the individual
lacks sufficient understanding or capacity to make or communicate responsible decisions
concerning that individual. [1995, c. 319, §4 (NEW).]
C. "Sexual crime" means a crime involving a sexual act, as defined in Title 17-A, section
251, subsection 1, paragraph C, subparagraph (1). [1995, c. 319, §4 (NEW).]
1995, c. 319, §4 (NEW)
2.Request for testing.
A person who is the victim of a sexual crime, or that person's parent, guardian
or authorized representative if that person is a minor or incapacitated adult, may
petition the court at any time prior to sentencing or no later than 180 days after
conviction to order the convicted offender to submit to HIV testing and to order that
the convicted offender be informed of the test results.
1995, c. 319, §4 (NEW)
3.Duties of the court.
Upon receipt of the petition, the court shall order that the convicted offender
obtain HIV testing conducted by or under authority of the Department of Health and
Human Services and, if requested by the petitioner, that the convicted offender be
informed of the test results.
1995, c. 319, §4 (NEW);
2003, c. 689, Pt. B, §6 (REV)
4.Reporting and counseling.
The health care facility in which a convicted offender is tested pursuant to this
section shall disclose the results of the test to the victim-witness advocate, who
shall disclose the result to the petitioner. The health care facility shall, upon order of the court, disclose the results of the
test to the convicted offender.
2007, c. 93, §2 (AMD)
1995, c. 319, §4 (NEW).
2003, c. 689, §B6 (REV).
2007, c. 93, §2 (AMD).
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